Order filed August 11, 2011
In The
Eleventh Court of Appeals
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No. 11-11-00160-CV
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TIMOTHY W. BUCHANAN, Appellant
V.
JOYCE HERRIDGE, Appellee
On Appeal from the 132nd District Court
Borden County, Texas
Trial Court Cause No. 1176-C
O R D E R
Upon receiving the documents filed in this appeal by appellant, the clerk’s office wrote him on July 1, 2011, requesting that he notify the court on or before August 1, 2011, if he intended to file different briefs other than the pro se briefs he filed in Case Nos. 11-11-00129-CV and 11-11-00134-CV. There has been no response to the clerk’s letter of July 1, 2011. Accordingly, the briefs filed in Case Nos. 11-11-00129-CV and 11-11-00134-CV will also stand as appellant’s brief in this case.
Tex. R. App. P. 38.1 sets out the requirements for appellate briefs. Our review of the appellant’s brief filed in this appeal reveals noncompliance with Rule 38.1 in several material respects. Specifically, appellant’s brief is deficient under Rule 38.1 in the following respects:
The brief does not contain the sections required by Rule 38.1 listed under the appropriate headings and in the order indicated by the rule.
As required by Rule 38.1(a), the brief does not contain an “Identity of Parties and Counsel” section wherein the brief gives a complete list of all parties to the trial court’s judgment or order appealed from and the names and addresses of all trial and appellate counsel, except as otherwise provided in Tex. R. App. P. 9.8.
As required by Rule 38.1(b), the brief does not contain a “Table of Contents” section with references to the pages of the brief, including the subject matter of each issue or point or group of issues or points.
As required by Rule 38.1(c), the brief does not contain an “Index of Authorities” section arranged alphabetically and indicating the pages of the brief where the authorities are cited.
As required by Rule 38.1(d), the brief does not contain a “Statement of the Case” section containing a concise statement of the nature of the case.
As required by Rule 38.1(e), the brief does not contain a “Statement Regarding Oral Argument” section explaining why oral argument should or should not be permitted.
As required by Rule 38.1(f), the brief does not contain an “Issues Presented” section stating concisely all issues or points presented for review.
As required by Rule 38.1(g), the brief does not contain a “Statement of Facts” section stating concisely and without argument the facts pertinent to the issues or points presented supported by record references.
As required by Rule 38.1(h), the brief does not contain a “Summary of the Argument” section containing a succinct, clear, and accurate statement of the arguments made in the body of the brief.
As required by Rule 38.1(i), the brief does not contain an “Argument” section containing a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.
As required by Rule 38.1(j), the brief does not contain a “Prayer” section containing a short conclusion that clearly states the nature of the relief sought.
Appellant is directed to amend his brief to comply with Rule 38.1 and to file the amended brief with this court within forty-five days of the date of this order. If another brief that complies with Rule 38.1 is not filed within forty-five days of the date of this order, the court advises the parties it may strike appellant’s brief, prohibit appellant from filing another brief, and proceed as if appellant has failed to file a brief in this cause. See Rule 38.9(a). Furthermore, appellant’s failure to file an amended brief in compliance with Rule 38.1 within forty-five days of the date of this order may result in the dismissal of the appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 38.9(a), 42.3.
PER CURIAM
August 11, 2011
Panel consists of: Wright, C.J.,
McCall, J., and Kalenak, J.